Appeal
Frivolous Appeals
Except as indicated, all indented material is copied directly from the court’s opinion.
Decisions of the Tennessee Supreme Court
Opinions of the Tennessee Court of Appeals
Regions Bank v. Crants, No. M2022-01314-COA-R3-CV, p. 4-5 (Tenn. Ct. App. May 12, 2023).
Plaintiff requests damages for a frivolous appeal pursuant to Tennessee Code Annotated section 27-1-122, which provides:
When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include, but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.
Tenn. Code Ann. § 27-1-122. “Determining whether to award these damages is a discretionary decision.” Young v. Barrow, 130 S.W.3d 59, 66–67 (Tenn. Ct. App. 2003) (citing Banks v. St. Francis Hosp., 697 S.W.2d 340, 343 (Tenn. 1985)). “A frivolous appeal is one that is devoid of merit, or one that has no reasonable chance of succeeding.” Id. (internal citation omitted). “[A]n appeal in which the reviewing court’s ability to address the issues raised is undermined by the appellant’s failure to provide an adequate record is deemed frivolous because it has no reasonable chance of succeeding.” Id. (citing Brooks v. United Unif. Co., 682 S.W.2d 913, 915 (Tenn. 1984)).
In re Estate of Small, No. M2021-01284-COA-R3-CV, p. 7-8 (Tenn. Ct. App. Dec. 12, 2022)
The law on frivolous appeals is well-settled:
Parties should not be forced to bear the cost and vexation of baseless appeals. Davis v. Gulf Ins. Group, 546 S.W.2d 583, 586 (Tenn. 1977); Jackson v. Aldridge, 6 S.W.3d 501, 504 (Tenn. Ct. App. 1999); McDonald v. Onoh, 772 S.W.2d 913, 914 (Tenn. Ct. App. 1989). Accordingly, in 1975, the Tennessee General Assembly enacted Tenn. Code Ann. § 27-1-122 to enable appellate courts to award damages against parties whose appeals are frivolous or are brought solely for the purpose of delay. Determining whether to award these damages is a discretionary decision. Banks v. St. Francis Hosp., 697 S.W.2d 340, 343 (Tenn. 1985).
A frivolous appeal is one that is devoid of merit, Combustion Eng’g, Inc. v. Kennedy, 562 S.W.2d 202, 205 (Tenn. 1978), or one that has no reasonable chance of succeeding. Davis v. Gulf Ins. Group, 546 S.W.2d at 586; Jackson v. Aldridge, 6 S.W.3d at 504; Industrial Dev. Bd. v. Hancock, 901 S.W.2d 382, 385 (Tenn. Ct. App. 1995).
Young v. Barrow, 130 S.W.3d 59, 66–67 (Tenn. Ct. App. 2003).
